Criminal – Arson – Lesser included offense

Where the defendant was convicted of both arson of a dwelling and burning a building, the conviction on the “lesser” charge — burning a building — must be vacated.
“As the Commonwealth appropriately concedes, the charges of arson of a dwelling, G.L.c. 266, §1, and burning a building, G.L.c. 266, §2, are legally inconsistent. Contrary to ...